DURAISWAMY UDAYAR Vs. VENKATACHALA REDDIAR

JUDGEMENT

(1.) These are two connected second appeals arising from the decrees and judgment of the learned Subordinate Judge of Tiruchirapalli in A. S. Nos. 31 and 33 of 1956 preferred against the decrees and judgment of the learned District Munsif of Ariyalur in O. S. Nos. 64 of 1954 and 59 of 1955 respectively.

(2.) The facts of this case can be easily followed if we take on hand the combined sketches (marked Parts I and II) annexed to this judgment for reference.

(3.) The plaintiff in both the suits Venkatachala Reddiar s the owner of wet fields S. F. 126/7 (59 cents) and S. F. 126/8 (27 cents) in Eraiyur in Perembalur taluk. the only other wet field in the locality is S. F. 126/20 (15 cents in extent) belonging to the defendant Duraisami Udayar. these three went lands have the Mangalam Thangal Eri surplus channel as their recognised source of irrigation. Venkatachala Reddiar filed O. S. No. 64 of 1954 for an injunction restraining the defendant therein from taking water through the cement pipe fixed at P in the commissioner's plan Ex. A-5 in O. S. No. 59 of 1955 to his lands and for recovery of Rs. 300 for damages caused to his land. Venkatachala Reddiar filed later another suit O. S. No. 59 of 1955 against the State of Madras and the defendant Duraisami Udayar for a declaration that the latter is entitled to take water to his land S. No. 126/20 only through the channel K1 to K8 in x. A-5 aforesaid and for a mandatory injunction directing the State of Madras and the other defendant to remove the cement pipe put up at the point P.